What & Who is that?

Some things you may need to know

What's that?
topics are alphabetical...just page down.

Current in rent?  Rent due date?    Rent is due on the date shown in the rental agreement.  If no written agreement, then rent is due on the date when it is customarily paid (proven by written receipts).  There's no statutory requirement for a grace period. 

Deny and Comply
A tactic used by housing intermediaries to deny that a problem exists and assure the complainant that it will never happen again.  Since Bill Clinton declared that "the era of big government is over", regulatory agencies have adopted "deny and comply" as a way to avoid being branded as pointy headed bureaucrats.

HAP contract  Housing Assistance Payments refers to an agreement between HUD and a private owner to provide rent subsidy Payments

Give up occupancy? Customarily a tenant gives up occupancy when she/he turns in the keys.  Tenants are smart to have a record of when and how this exchange takes place.  A receipt from the landlord saying that she/he received the keys; a reliable witness to the exchange; a letter of transmittal.  Simply pushing the keys thru the mail slot at the office may not suffice.

Ladder of decision making

Local Codes

  • Building
  • Housing
  • Health
  • Safety/Fire

PBCA-Performance Based Contract Administration is HUD's system of private contractors who oversee compliance with HAP contacts.  There is a PBCA for each state which makes subsidy payments to owners; reviews recertifications for tenants, conducts annual Management and Operations Reviews (MOR) and responds to tenant concerns.  More here.

Notice of Fund Availability is an invitation to apply for Federal Funding

Reasonable Accommodation or Reasonable Modification

ental agreement?

  • Ohio law defines a rental agreement as:  “Rental agreement” means any agreement or lease, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of residential premises by one of the parties. (ORC 5321.01 (D)
  • Rental agreement is the answer to the question #6 on the Landlord Tenant Quiz.
Strategies are ways of meeting goals (long term; symbolic outcomes, eg. "justice" or  "peace"); tactics are ways of achieving objectives (shorter term, tangible outcomes; eg. "stopping an eviction; winning a wrongful withholding" )

Types of assisted housing?

Written Notice

Ohio Landlord Tenant Law refers to "written" notice in regard to repairs, termination, security deposit, and landlord information.  What does "writing" or "written" mean in the 21st century?  It depends on the court, but judges are leaning towards accepting email, not so much text, voice mail or other more ephemeral forms of communication.  HINT:  if you want to argue over what is a written notice...go to law school.  If you want to argue over getting repairs done or a security deposit returned, put it in writing.
NOTE:  Three days notice to vacate is required by ORC 1923 to be delivered by the landlord BEFORE the landlord can file an eviction.  Law says (emphasis added)
a party desiring to commence an action under this chapter shall notify the adverse party to leave the premises, for the possession of which the action is about to be brought, three or more days before beginning the action, by certified mail, return receipt requested, or by handing a written copy of the notice to the defendant in person, or by leaving it at the defendant's usual place of abode or at the premises from which the defendant is sought to be evicted   Every notice given under this section by a landlord to recover residential premises shall contain the following language printed or written in a conspicuous manner: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."

Written Statement 
When a person is a witness to important facts about a dispute, it can be critical for the witness to create a written document as soon as possible after the event.  Here's some tips to consider in creating that written statement.   adapted from WikiHow
Describe the facts. You may include as many or as few facts in an affidavit as necessary. When describing the facts you should:
  1. State each fact or set of facts in a separate paragraph. Each paragraph of the affidavit should include one fact or a small number of facts if one cannot be stated alone. 
  2. Number your paragraphs. This will make for easier reading and reference in Court or other documents.
  3. Describe each fact clearly and concisely, providing names, dates, addresses, and other supporting information as needed.
  4. Make reference to supporting documents, photographs, or other tangible paper items which can be attached to the affidavit, and attach them. For example, if describing a photograph in the affidavit, state that a copy of the photograph is attached and marked as “exhibit A” then write “exhibit A” on a copy of the photograph and staple it to the completed affidavit. Exhibits may be lettered or numbered, whichever you prefer, and should be labeled according to the order in which they are mentioned in the affidavit i.e. the first exhibit mentioned should be labeled A or 1, the second B or 2, and so on.

Who's that?
Housing advocates are all kinds of people who work to change rules, policies and procedure that affect tenants and rental housing.  At the state house two organizations are in the lead on state law:  COHHIO and Ohio Poverty Law Center.  In local communities a variety of groups and individuals take on policy issues that affect rental housing.  Here's more on rental advocacy.

Housing Intermediaries
are public agencies

that operate affordable housing programs.  Many times Housing intermediaries can be helpful in addressing tenant problems without having to use legal remedies in the Ohio Landlord Tenant Law or Federal, State, Municipal Fair Housing Laws

Housing Providers
a generic term for landlords.  Often used to encompass social service providers who operate rental housing.   Despite their best intentions, they are still covered by the Ohio Landlord Tenant Law unless they are providing "transient" occupancy (less than 30 days) or have a primary goal of providing medical care (nursing home, residential treatment facility).

Protected Class
Under the Federal, State and Local Fair Housing Acts certain classes of tenants are "protected" because of past discrimination. 

Notes & Links

Key documents